1. REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT. Bhanos AdVentures, Inc. d/b/a OVRHD (“OVRHD,” “we,” or “us”) take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or though www.ovrhd.com (the “Site”) infringe your copyright, you may request removal of those materials (or access thereto) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement (“DMCA Notice”) must include substantially the following:
    • your physical or electronic signature;
    • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
    • identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
    • adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
    • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
    • a statement that the information in your DMCA Notice is accurate; and
    • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
    Our designated agent to receive DMCA Notices (“Copyright Agent”) is:

    Copyright Agent
    7432 Brook Hollow Loop Rd.
    Park City, UT 84098
    Copyrightagent@ovrhd.com

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
  2. COUNTER-NOTIFICATION PROCEDURES. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (“Counter-Notice”) by submitting written notification to our Copyright Agent set forth above in accordance with this Section 2. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
    • your physical or electronic signature;
    • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
    • adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
    • a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    • a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided OVRHD with the complaint at issue.
    The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving a copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
  3. REPEAT INFRINGERS.It is OVRHD’s policy to disable and/or terminate the accounts of users who are repeat infringers.

OVRHD Terms of Use

Last Updated: March 24, 2015

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use constitute a legally binding agreement between Bhanos AdVentures, Inc. d/b/a OVRHD (“OVRHD,” “we,” or “us”) and you, and govern your access to and use of OVRHD’s website located at www.ovrhd.com and any Content (as defined in Section 2 below), services, and applications available through such website (collectively, the “Services”). As used herein, the term “you” refers to the individual or business entity, as applicable, identified as the user during the registration process.

BY ACCESSING OR USING THE SERVICES IN ANY WAY, YOU REPRESENT THAT (a) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (b) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH OVRHD, AND (c) IF YOU ARE ACTING ON BEHALF OF A BUSINESS ENTITY, THAT YOU HAVE THE AUTHORITY TO AND ARE AUTHORIZED TO BIND SUCH BUSINESS ENTITY TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.

You acknowledge that you have read and agree to comply with the following terms and policies which are hereby incorporated by reference into, and made a part of, these Terms of Use:

  1. Changes to Terms of Use.OVRHD RESERVES THE RIGHT TO MODIFY OR ADD TO THESE TERMS OF USE IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, OVRHD will make the revised version of these Terms of Use available on our website, and will update the “Last Updated” date at the top of this page. Such changes shall be effective immediately; provided however, for existing members, such changes shall, unless otherwise stated, be effective 30 days after posting. OVRHD may require you to provide consent to such changes in a specified manner before further use of the Services is permitted.
  2. Ownership.The Services and all materials that are included in, made available through, or are otherwise a part of the Services, including, without limitation, graphics, layout, text, instructions, widgets, images, data files, applications, audio files or other sounds, videos, designs, advertising copy, software (including source and object code), the “look and feel” of the Services, and all other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”) are owned by OVRHD or its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on or through the Services are registered and unregistered marks of OVRHD and its licensors. You acknowledge and agree that, as between you and OVRHD, OVRHD is and shall remain the sole owner of the Services and the Content (except for User Content (as defined in Section 6.1 below)), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto (collectively, “Intellectual Property Rights”).
  3. Access and Use.
    1. Limited License.Subject to your strict compliance with these Terms of Use, OVRHD hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services for your own personal, non-commercial use or your legitimate business purposes, as applicable. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of OVRHD or the respective licensors of the Content. OVRHD and its licensors reserve all rights not expressly granted in and to the Services and the Content.
    2. Restrictions. You shall not, and shall not permit any other person or entity to:
      • “harvest” (or collect) information from the Services using an automated software tool or manually on a mass basis;
      • use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
      • obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you;
      • “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
      • restrict or inhibit other users from using or enjoying the Services;
      • submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) User Content on or through the Services that:
        • is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy right or right of publicity, or otherwise objectionable;
        • promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
        • contains any material that could give rise to any civil or criminal liability under applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;
        • infringes upon, misappropriates, or otherwise violates any Intellectual Property Rights or other rights of a third party;
        • encourages criminal conduct;
        • contains false, misleading, fraudulent, or deceptive claims or content;
        • gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;
        • contains any virus, malware, spyware, or other harmful content or code; or
      • circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content
      • distribute in any medium any part of the Services or Content without OVRHD’s prior written authorization, unless OVRHD makes available the means for such distribution through functionality offered by the Services; or
      • otherwise access or use the Services beyond the scope of the rights granted in Section 3.1 above or for any unlawful purpose.
  4. Account Registration and Security.Access to and use of certain Services may require you to register for an account (including setting up a username and password). You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account. You agree to immediately notify OVRHD of any unauthorized use of your account, or any other breach of security. You will be responsible for losses incurred by OVRHD or any other user of the Services due to any use of your account. OVRHD is not liable for any loss or damage arising from your failure to protect your username or password.
  5. Membership, Billing, and Cancellation.
    1. Membership.
      • Ongoing Membership.Certain services we offer require a membership which must be purchased on a subscription basis (“Subscription Services”). Your membership for Subscription Services, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must provide a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Subscription Services. We will bill the monthly fee for your membership to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
      • Differing Memberships.We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate, or otherwise amend the membership plans we offer.
    2. Free Trials. Your membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials are for new and certain former members only. OVRHD reserves the right, in our sole discretion, to determine your free trial eligibility.

      We will begin billing your Payment Method through our third-party payment processor for the applicable monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. For specific details regarding your membership, including monthly membership price and end date of your free trial period, please email us at info@ovrhd.com and put “Account Information” in the subject line, or select “Contact Us” from the drop-down menu at the top of any page of our website and select the appropriate topic (“Account Information” or “Cancel my subscription” etc.).

      You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. YOU ARE SOLELY RESPONSIBLE FOR CANCELLING YOUR MEMBERSHIP PRIOR TO THE END OF YOUR FREE TRIAL, IF ANY, TO AVOID BILLING OF SUBSEQUENT MONTHLY MEMBERSHIP FEES TO YOUR PAYMENT METHOD. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
    3. Billing.
      • Recurring Billing.By starting a membership for Subscription Services and designating a Payment Method, you authorize us to charge you a monthly membership fee at the then-current rate, and any other charges you may incur in connection with your use of the Services, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a Subscription Service plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
      • Price Changes.We reserve the right to charge for our Services or adjust pricing for our Subscription Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to the Subscription Services to which you subscribe will take effect following email notice to you.
      • Billing Cycle. The fees for Subscription Services will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership. We may authorize your Payment Method in anticipation of membership or Service-related charges. As used in these Terms of Use, “billing” indicates a charge, debit, or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
      • No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIAL MONTH MEMBERSHIP PERIODS. Following any cancellation, however, you will continue to have access to the Subscription Services for which you are a member through the end of your current billing period.
      • Payment Methods. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
      • Cancellation.You may cancel your membership for Subscription Services at any time, and you will continue to have access to the Subscription Services for which you are a member through the end of your monthly billing period. To cancel, please email us at info@ovrhd.com and put “Cancel My Subscription” in the subject line.
  6. User Content.
    1. User Content. You are solely responsible for the ideas, information, materials, and other content, including, without limitation, any Feedback (as defined in Section 6.3 below) (collectively, “User Content”) that you create using the Services or post on or through the Services. You acknowledge and agree that OVRHD is not responsible for, and does not endorse, any User Content created using the Services or posted on or available through the Services. You understand and agree that OVRHD may, but is not obligated to, review and delete or remove (without notice) any User Content for any reason in its sole discretion.

      You hereby grant to OVRHD an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license (with the right to sublicense) to use, reproduce, distribute, prepare derivative works of, display, and perform any User Content you create using the Services or post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Services and under these Terms of Use.

      You hereby represent and warrant that (a) you own or otherwise have the right to grant the foregoing rights and license to OVRHD with respect to your User Content, and (b) your User Content and any use thereof by OVRHD will not infringe or violate the rights of any person or entity or any applicable laws. You acknowledge that you are responsible for any User Content you post on or through the Services, including its legality, reliability, accuracy, and appropriateness.

    2. No Obligation to Prescreen/Monitor.OVRHD does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content from the Services. However, OVRHD retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content. OVRHD assumes no liability for any action or inaction regarding transmissions, communications, User Content, or other content provided by any third party.
    3. Feedback.OVRHD does not invite and cannot accept any ideas or information you consider to be confidential and/or proprietary. Except with respect to your personal information (as expressly provided for in OVRHD’s Privacy Policy , you agree that any ideas, suggestions, documents, know-how, techniques, and/or proposals you convey, offer or transmit to OVRHD (“Feedback”) shall be deemed to be non-confidential and non-proprietary, and OVRHD has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.
  7. Electronic Communications. The communications between you and OVRHD via the Services use electronic means, whether you visit our website or send us an email, or whether we post notices on our website or communicate with you via email. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  8. Copyright Infringement. It is OVRHD’s policy to disable and/or terminate the account(s) of any user who repeatedly infringes the copyrights of others. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please see our Copyright Policy for instructions on sending us a notice of infringement.
  9. Links to Other Websites. The Services may contain links to other websites operated by third parties. Such links are provided for your convenience only, and if you access any other websites linked to the Services you do so at your own risk. We are not responsible for the content of any such websites, or the products and services sold on them, nor are we responsible or liable for any loss or damage that may arise from your use of such websites. When you visit a linked website you should read the terms and conditions and privacy policy that govern that particular website. Links to other websites do not imply our endorsement of any content, advertising, products, services, or other materials on or available through such websites
  10. Social Media, Linking, and Embedding Features. This Services may provide certain social media, linking, and embedding features that enable you to: (i) link from your own or certain third-party websites to your User Content; (ii) send e-mails or other communications with your User Content, or links to your User Content, available on or through the Services; and/or (iii) cause your User Content to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by OVRHD, and solely with respect to the User Content with which they are displayed. If you use these features, you may not modify, build upon, or block any portion or functionality of these features, including, but not limited to, any trademarks, service marks, or logos on or in such features or links back to the OVRHD website.
  11. Changes, Suspension, and Termination
    1. Changes to Services. OVRHD reserves the right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any portion or the Services, including any Content available on or through the Services. You agree that OVRHD will not be liable to you or to any third party for any such modification, withdrawal, suspension, or discontinuance.
    2. Suspension/Termination.OVRHD has the right to immediately suspend, or terminate your membership or otherwise deny your access to and use of the Services, or to any features or portions of the Services, and to remove and discard any User Content or other materials you have posted to the Services at any time and for any reason, including if you violate these Terms of Use.
  12. Disclaimer of Warranties and Limitation of Liability
    1. Disclaimer.THE SERVICES, INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND OVRHD HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER OVRHD NOR ANY PERSON ASSOCIATED WITH OVRHD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER OVRHD NOR ANYONE ASSOCIATED WITH OVRHD REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    2. Limitation of Liability. IN NO EVENT WILL OVRHD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SERVICES AND ANY CONTENT IS AT YOUR SOLE RISK.

      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS IN THIS SECTION 12 MAY NOT APPLY TO YOU.
  13. Indemnification.You agree to indemnify, defend, and hold OVRHD and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Use.
  14. General Terms.
    1. Geographic Restrictions.OVRHD is based in the State of Utah in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
    2. Governing Law; Jurisdiction and Venue.These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Services (including any Content) shall be instituted exclusively in the federal or state courts located in the State of Utah. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    3. Limitation on Time to File Claims.ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES (INCLUDING ANY CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    4. Waiver of Jury Trial.YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES (INCLUDING ANY CONTENT).
    5. Waiver and Severability.Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.
    6. Entire Agreement; No Third-Party Beneficiaries.These Terms of Use, including our Copyright Policy and Privacy Policy which are incorporated herein by reference, constitute the sole and entire agreement between you and OVRHD with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or OVRHD.
  15. Contact Us. If you have any questions about the Services or these Terms of Use, you may email us at info@ovrhd.com or write to us at the address below:

    OVRHD
    7432 Brook Hollow Loop Rd.
    Park City, UT 84098